St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-10-06
Which the Grand JarOrs We're
Considering Yesterday---Court
DOinSs.

1ouA Jul d1Idy, Ill
which Officer Getchel had taste of
blood, and the BraytOn and other Oleo-
| margarine cases.
Assistant Dairy Commissioner Howard
was as active as any man about the jail,
aid produced several tubs and packages
OF Phil ArmOur's butterine, in which
dlScOlOratiOn and decomposition had al
ready set in. He succeeded in securing
three counts against B. l. BraytOn.
1t seems that Brayton had init
mated to Mr.. Howard that he had
liked County Attorney Egan all right"
and when Judge Egan met Mr.. Bray ton
face to face in the jury room in Sheriff
Rlchter'S parlOr he was wrathy, and
Numbered at him the query: ''Do you
know me?' with startling emphasis.
lterated the judge, as his voice quivered
with righteous anger. Mr.. Brayton
tried to square himself, but it didn't
work. About twelve more butterine
vendors are also in the clutches OF the
last state dairy law and the state dairy
commission is eXultant, although little
put out out because it can't have all the
eases attended to without delay. The
MeSSer Bros. case was not reached.
A VICTORY FOR THE COMMISSION.
Outside the grand jury chamber there
was more legal difficulty between the
dairy commission and Mr.. BraytOn. 1t
was the case brought by the commission
for the condemnation of the Oleomar-
garine which Commissioner Ives seized
from BraytOn, and which BraytOn
claimed amounted to about $1S9 worth,
and it is the first case ever brought by
the1state for the condemnation and for
felttHe of OleOmargarine. Judge Brill
tried it in chambers, G.. A, Sever
auce arguing the matter for the
commission and E. ST.. Julien
COXs and W. III. Adams flourish
ingil the cudgel for Brayton.
BraytOn's demurrer, as is we'll known,
was denied some time ago, and that
practically settled the case against
BraytOn. The defendants counsel
raised the defense that MI. Brayton had
exposed the oleomargarine for sale prior
to the law of the last legislature: They
admitted that it was oleomargarine and
was marked such. Then Mr.. Severance
came forward armed with the New
York supreme court decision. Not
outstanding that Mr.. Brayton eX-
planned that he did not offer the stuff
for sale to deceive anybody, Mr.. Sever
ance read the law to the court and
showed that Mr.. Brayton did have the
stuff for sale, and that it was that very
thing which the law prohibited. 1t was
unnecessary to go further, so the court
announced that he would render
judgment in favor of the commission.
the order and findings to be subsequently,
drawn up. Brayton's counsel gave
notice OF motion for new trial, and q
stay was granted accordingly, but Judge
Brill stated that he would file his order
and findings before proceeding with the
motion for new trial. Commissioner
Ives regards the action of the court as a
big victory for the dairy commission.
THE HAL REID CASE.
The BraytOn and other OleOmargerine
cases were adjourned by the grand Jury
at II :25 am, so that the Hal Reid case
could be taken up. Previous to IL
o'clock the witnesses had commenced to
arrive, George Allen, the alleged actor,
first put in an appearance, and then a
hack stopped at the door, from which
emerged Maud Comson and her mother,
Mrs. Thompson, Miss Thompson, and
Mrs. Edith Williams. Drs. Brinley and
Fay next showed up. Miss Comson
seemed very weak, and it was necessary
for Lieut.. Cook to assist her up the
steps leading to the jail. City Editor
Brownlee, of the Minneapolis Evening
Journal was the first witness called.
and he briefly identified Reid's hand
writing on the famous note, scrubbed
in pencil. Miss Comson then told
the story of the outrage, and Drs. Brin-
ley and Fay followed with their profess
SiOnal evidence. The testimony of these
witnesses occupied until noon. All the
evidence was finished in the afternoon.
and it was whispered in the corridors
that the grand jury was not long in de-
Gliding upon a true bill. The butterine
70
5o'clock, when adjournment was taken
to 1880 a. m. to-day.
INTERSTATE COMMERCE.
The grand jury of the United States
district court submitted its report yes
terday. The most important indict-
ment was that against F. Merely, sta
ton agent of the Manitoba railroad at
Meerhead, for violating the Interstate
commerce law, by refusing to receive
from. the transfer track between the
Northern Pacific and the Manitoba GER
tain cars of the Milwaukee road, which
were to be loaded with G. B. Benedict's
wheat from the Minneapolis Il Northern
| elevator at Moorhead. 1t is the first in
dieHnent in this state under the inter
state commerce law. McFeely, who
was held by Commissioner Tillotson at
Mo0rhead in $1,000 bail last month, is
indicted as principal, and the Manitoba
road for aiding and abetting him. The
lpenaltY for this offense is a fine of
5000. The other indictments we're:
Lee Comstock. of Gull Lake, William
Clarke, and Martin Hall, of Pelican Lake, for
selling whisky to Indians; Frank j. Cox,
formerly of Minneapolis now a colorcd
saloon keeper of st. Paul, for non-payment
of the government license while doing bust.
ness at Minneapolis; and Frank Brossean,
Richard Richardson, Michael II. Gillespie,
JOHN Herscngcr and Henry Kuehne, all West
st. Paul salocnkeepcrs, for failing to cancel
ibeeBstamps.
e 10 TWO "TUFF NUNS"
Judge Nelson, of the United States
district court set number Of court and
jury cases yesterday. In the afternoon
he and the petit jury were engaged in
trying the case of John W. Bishop, of
Gull Lake, selling whisky TO Indians.
The notorious Indians, Show-un-
givon-ab-in-ace, the slayer of over half
a score of enemies in the bloody times
of Indian freedom, and Kee-wab-in-ace.
his son, with whom he fed from the
llut-fortress at Gull lake, after
the bloody encounter, were
the principal witnesses on the
stand. Marshal Campbell and his depu-
ties have been securing the swamps and
forests of Northern Minnesota to get
them. and finally. with Gus Beaulien's
aid, the two s'big Injuns' were brought
to the court room. District Attorney
Baxter objected TO the testimony in re-
lation to the Gull lake encounter, but
Judge Nelson allowed 1t TO be submitted